dolution

Case Studies

Online mini-case Studies: Equal opportunities and managing diversity – the law and associated concepts

Case Five

Elsa Donnelly had worked as a waitress at Lucio’s, a highly regarded restaurant situated in the City Hotel, for six months. During her time at the restaurant she was repeatedly subjected to aggressive harassment by the head chef, Lucio Gonzalez. During this time, Gonzalez made sexually suggestive comments, both in person and in unsolicited phone calls, and exposed himself to the waitress. As an employee of the hotel, Elsa complained to the HR manager who told her that she would deal with the problem. The HR manager spoke to Lucio but no further action was taken. After her initial complaint, Gonzalez became increasingly abusive towards her. Elsa subsequently resigned her position.

1. On what grounds could Elsa make a claim under anti-discrimination legislation?
2. What evidence is there in this case of structural, institutional and individual discrimination (Pincus, 1996)?